STRAUB v. WELLS FARGO BANK, N.A., 4D14-2604. (2015)
Court: Court of Appeals of Florida
Number: inflco20151104160
Visitors: 16
Filed: Nov. 04, 2015
Latest Update: Nov. 04, 2015
Summary: STEVENSON , J. We affirm the lower court's order disbursing the surplus proceeds to subordinate lienholders following a foreclosure sale. We write to clarify that, under section 45.031, Florida Statutes (2014), a foreclosure sale takes place when ownership of the property is transferred upon issuance of the certificate of title. Allstate Mortg. Corp. of Fla. v. Strasser, 286 So.2d 201 , 203 (Fla. 1973). Subordinate lienholders' claims to the surplus were timely where they were filed more
Summary: STEVENSON , J. We affirm the lower court's order disbursing the surplus proceeds to subordinate lienholders following a foreclosure sale. We write to clarify that, under section 45.031, Florida Statutes (2014), a foreclosure sale takes place when ownership of the property is transferred upon issuance of the certificate of title. Allstate Mortg. Corp. of Fla. v. Strasser, 286 So.2d 201 , 203 (Fla. 1973). Subordinate lienholders' claims to the surplus were timely where they were filed more ..
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STEVENSON, J.
We affirm the lower court's order disbursing the surplus proceeds to subordinate lienholders following a foreclosure sale. We write to clarify that, under section 45.031, Florida Statutes (2014), a foreclosure sale takes place when ownership of the property is transferred upon issuance of the certificate of title. Allstate Mortg. Corp. of Fla. v. Strasser, 286 So.2d 201, 203 (Fla. 1973). Subordinate lienholders' claims to the surplus were timely where they were filed more than sixty days after the judicial sale, but within sixty days of the clerk's issuance of the certificate of title.
Affirmed.
GROSS and TAYLOR, JJ., concur.
Not final until disposition of timely filed motion for rehearing.
Source: Leagle
